HomeMy WebLinkAbout18 - SLBTS Annual Review_PA2010-150 - CorrespondencePRINTED :"
Lellani
From:
Whelan, Melinda
Sent:
Tuesday, October 22, 2013 2:56 PM
To:
McDonald, Cristal
Cc:
Brown, Leilani; Brandt, Kim
Subject:
FW: Sober Living
Melinda
Melinda Whelan
Planning Division, Community Development Department, City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
T: 949 - 644 -3221 F: 949 - 644 -3229 E: mwhelan (o)newportbeachca.gov W:
www.newportbeachca.gov
- - - -- Original Message---- -
From: Lee Gittleman [ mailto :lgittle955(a)roadrunner.coml
Sent: Tuesday, October 22, 2013 2:02 PM
To: Whelan, Melinda; Henn, Michael; Petros, Tony; Hill, Rush; Daigle, Leslie; Selich, Edward;
Gardner, Nancy; Curry, Keith
Subject: Sober Living
Please accept this letter in lieu of our appearance at tonight's council meeting (due to a medical
issue).
Council Members:
We are 25 year homeowners at 4705 Seashore Drive. We have worked diligently for years, almost
always in conjunction with other homeowners, to make this residential area more than just a row of
houses located near one another; rather, we have tried to make it a real neighborhood.
Unfortunately, however, we have experienced nothing but difficulty and nuisances since Sober Living
began operating a business in our neighborhood. Their business advertises that "the Landing
specializes in helping clients overcome addictions to heroin, cocaine, crack, opiates,
methamphetamines, ecstasy and other drugs." While this is an admirable and necessary purpose,
the residents of the Landing have not acted as good, respectful neighbors do toward one another,
and their continued operation in this manner serves no purpose in enhancing our evolution towards
being a family friendly neighborhood.
We have made every effort to address our complaints to the appropriate resources, including
countless calls to the police department regarding illegal smoking on the beach by this group, often
directly in front of our home. We have sent numerous emails to city officials regarding second hand
smoke coming from their patio. We always get the same response from the city, which is that the city
official in receipt of our complaint "has talked with the management and they will control the problem ".
Even a month or two after our requests for assistance, the problem persists, and it has NEVER gotten
better.
Second hand smoke is recognized as and openly considered to be a toxic contaminant by this State's
Air Resources Board. Recently (in March of 2013), condominium owners in a Trabuco Canyon
condominium complex successfully sued their Homeowners' Association and neighbors for this very
issue - -which is that second hand smoke is a serious and noxious nuisance that disrupts the ability of
homeowners like us to enjoy our homes. And the plaintiffs won. Courts in California and throughout
the United States have begun to recognize that this is an issue and that homeowners should have the
right to be free from the presence and effects of the second hand smoke of others. At least one other
state (Utah), has passed a law providing fines and penalties against homeowners, tenants, or
residents whose second hand smoke interferes with another owner's (or tenant's /resident's) right to
quiet enjoyment of their home more than once in each of two consecutive seven day periods.
We believe that Sober Living by the Sea, and the owner /s of 4711 Seashore are impeding our rights
to the quiet enjoyment of our home, and that the City of Newport Beach should do more to stop the
second hand smoke from continuing to be the horrible, noxious, and unhealthy nuisance that it has
been since this problem began. Please take the necessary action to stop the second hand smoke.
Respectfully,
Lee & Cindy Gittleman
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